Cannot claim insurance in rash-driving accident cases, rules Supreme Court

The Supreme Court bench of Justices PS Narasimha and R Mahadevan gave a significant ruling on motor accident claims. The SC has dismissed the plea seeking compensation from an insurance company for a self-caused fatal accident, thereby upholding the principle of self tort-feasance.

In Short

• Top court rejects 80 lakh compensation plea by victim's family
• Accident caused by negligent driving and loss of vehicle control
• Court says heirs cannot claim compensation for death due to self negligence

The Supreme Court has said insurance companies are not liable to pay compensation to the families of individuals who die as a result of their own rash and reckless driving.

A bench of Justices PS Narasimha and R Mahadevan refused to grant 80 lakh compensation sought by the wife, son and parents of a man who died while driving a car at high speed.

The top court refused to interfere with the Karnataka High Court's order dated November 23 last year which had dismissed the plea filed by the deceased legal heirs claiming compensation.

"We are not inclined to interfere with the impugned judgment passed by the high court. Hence, the Special Leave Petition is dismissed," the bench said in an order passed on Wednesday.

On June 18, 2014, one N S Ravisha was driving from Mallasandra village to Arasikere town when the accident took place. His father, sister and their children were travelling in the car.

The court found that Ravisha drove the car in a negligent manner without following traffic rules and lost control over the vehicle which toppled on the road. Ravisha sustained fatal injuries in the accident.

The high court held that because “the accident occurred due to the rash and negligent driving of the deceased himself and he being self tort-feasor, the legal heirs cannot claim any compensation for his death, otherwise it would amount to a person who committed breach getting compensation for his own wrongs.”

- Ends